The Account Management Agreement serves as the primary contractual framework for businesses seeking to formalize their account management relationships under Dutch law. This document is essential when a company engages an account manager or service provider to handle ongoing client relationships, service delivery, and account oversight. It includes comprehensive provisions for service levels, performance metrics, fee structures, and compliance with Dutch regulatory requirements, including GDPR. The agreement is particularly valuable for businesses requiring structured account management services with clear accountability, risk allocation, and service standards. It addresses both operational and legal aspects of the relationship, ensuring alignment with Dutch commercial practices and legal requirements while protecting both parties' interests.
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1. Parties: Identification and details of the Account Manager and the Client
2. Background: Context of the agreement, including the Client's need for account management services and the Account Manager's qualifications
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of account management services to be provided
5. Appointment and Authority: Formal appointment of the account manager and extent of their authority
6. Service Level Requirements: Standards of service, response times, and performance metrics
7. Fees and Payment Terms: Fee structure, payment schedule, and billing procedures
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Confidentiality: Obligations regarding confidential information
10. Data Protection: GDPR compliance and data handling procedures
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Force Majeure: Provisions for unforeseen circumstances
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Specification of Dutch law and jurisdiction
15. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the services involve creation or use of intellectual property
2. Insurance: Include when specific insurance requirements need to be maintained
3. Non-Competition: Add when restrictions on competitive activities are needed
4. Assignment and Subcontracting: Include when there's a need to restrict or permit transfer of rights or use of subcontractors
5. Compliance with Laws: Include when specific regulatory compliance needs to be emphasized
6. Audit Rights: Add when the client requires rights to audit the account manager's activities
7. Business Continuity: Include for critical services requiring disaster recovery planning
1. Schedule 1 - Service Description: Detailed breakdown of services and deliverables
2. Schedule 2 - Service Levels: Specific performance metrics and service level agreements
3. Schedule 3 - Fee Schedule: Detailed fee structure and payment terms
4. Schedule 4 - Key Personnel: List of key team members and their roles
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms
6. Appendix A - Reporting Requirements: Templates and schedules for required reports
7. Appendix B - Communication Protocol: Procedures for routine and emergency communications
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